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Kindrunner.com Privacy Policy

Last Updated: March 23, 2013

Thank you for placing your trust in Kindrunner. You are very important to us and we want to provide you with a safe and secure online experience. This Privacy Policy describes how we collect and use your information and explains the choices that you have with regard to how we use your information. The Privacy Policy applies to "www.kindrunner.com" (the "Service") operated by Shoncz, Inc. and its affiliates ("Kindrunner", "we", "us", or "our"), whether you are a "Visitor" (which means that you simply browse the Service) or you are a "Member" (which means that you have registered or transacted with the Service or a component thereof). By using the Service and providing us with information through the Service, you consent to this Privacy Policy. We suggest that you review this Privacy Policy periodically as we will update and change it from time to time.

What information does Kindrunner collect about me?

Like most websites, every time you visit our Service, we automatically collect information from you that is not personally identifiable. Examples of this type of information include:

The type of Internet browser you are using

The type of computer operating system you are using

The domain name of your Internet service provider

The Web page from which you came

The pages you visit on our website

In general, you can visit many of our Web pages without providing us with any personally identifiable information, such as name, email address, postal address, phone number, gender, and, when necessary, credit card information or other information necessary to process your order or send you special announcements (collectively, "Personal Information"). When you visit the Service, we may track your visit and, as described below in the section concerning "cookies", collect certain data regarding your use of the Service and your activity on the Service, but we will not collect any Personal Information from you unless you choose to provide it to us.

When you make a purchase from Kindrunner, request to sign up for email, direct mail or SMS Text notices, we collect Personal Information that you have volunteered. Your submission of this Personal Information is entirely voluntary; however, if you elect not to provide this Personal Information, some of the services and/or features available on and/or through the Service may not be available for your use.

We also collect Personal Information when you elect to submit such information to us when you register for "My Account", participate in a contest, event or sweepstakes promotion, fill out a survey, or contact us (for example via email or by selecting "Chat with an expert" from the Service). We may also obtain data through your Internet browser, such as your IP Address, which is a number that is automatically assigned to your computer when you use the Internet.

How do you use my Personal Information?

The Personal Information we receive allows us to personalize our product offering and improve your online shopping experience, making it more convenient, efficient and enjoyable. We may use the Personal Information that you submit to us through the Service to:

Customize your communications and shopping experience

Process your purchase, confirm your orders and communicate to you about account information or customer service needs

Adapt the content and layout of our pages tailored to your needs and so you do not have to enter information more than once

Notify you about new products and services, special offerings and other promotions

Coordinate contests, promotions, surveys or other website features

Improve our business and better respond to your needs

How do you share my information?

For the purpose of operating our business, we may transfer your Personal Information to our third party service providers who use that information only to conduct Kindrunner business. For example, these third party service providers may handle Kindrunner credit card processing, shipping, data management, email distribution, information analysis, and promotions management. We provide our preferred service providers with the Personal Information they need to perform their services and work with them to respect and protect your Personal Information. If you do not want Kindrunner to transmit your Personal Information to our third party service providers in accordance with this Privacy Policy, please follow the procedures described under the Opt-Out/Unsubscribe section below.>

We may use your Personal Information in the aggregate for purposes such as reporting and marketing. Such use of Personal Information in the aggregate is not personally identifiable.

On rare occasions, we may disclose Personal Information upon governmental request, in response to a court order, when required by law, to enforce our website policies, or to protect our or others' rights, property, or safety. We may also share Personal Information with companies assisting in fraud protection or investigation. We do not provide Personal Information to these agencies or companies for marketing or commercial purposes.

Except as otherwise disclosed in this Privacy Policy or with your prior consent, we will not sell, trade or rent Personal Information to other companies as part of our regular course of business. However, it's possible that we might acquire or merge with or be acquired by another company or that we might dispose of some or all of our assets. If that happens, your Personal Information may be disclosed to another company, but that disclosure will be subject to the Privacy Policy in effect.

What about information that I post to blogs and other public areas of the Service?

This Privacy Policy does not apply to any Personal Information collected by Kindrunner through means other than the Service. This Privacy Policy shall not apply to any unsolicited information you provide through the Service or through any other means. This includes, but is not limited to, information posted to any public areas of the Service, such as the Kindrunner blog, any ideas for new products or modifications to existing products, and/or other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and Kindrunner shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution. You should exercise caution before you post Personal Information that you post in public forums, such as the Kindrunner blog. Once you release your Personal Information for posting on public forums, Kindrunner cannot and will not be responsible for the privacy and/or security of such information.

How do I know my information is secure?

We have a variety of security measures to protect against the loss, misuse or alteration of your Personal Information that we have collected from you from the Service. To ensure the information you provide online is secure during transmission, we use leading edge encryption technology and Secure Socket Layers (SSL) while processing any Personal Information you supply

These controls are certified by VeriSign®, a leading Internet security company. You can review our security certificate using your browser by clicking on the closed lock or solid key image at the bottom of your browser on any of the secure pages on our site. This will display our Service security information.

For security purposes, your full credit card number is not permanently stored within our system. On occasion, we may temporarily store the entire encrypted credit card number when it is necessary to manually contact a credit card company for verification.

What are cookies, Web beacons and pixel tags? How does Kindrunner use them?>

A cookie is a small removable data file stored by your Web browser on your computer. Cookies allow you to browse and place an order on our site and let us make shopping more convenient for you. We place a unique identifier in the cookie and use the cookie to connect your computer with the information we store for you in our database.

Some examples of how we use cookies are to:

Enable you to select products, place them in your shopping cart and make a purchase

Recognize you when you come back to our website

Alert you to new areas that may be of interest to you

Customize Web page content that may be helpful to you

Cookies do not contain any Personal Information and they do not give us access to your computer.

You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your Internet browser (such as Internet Explorer, Safari, Chrome or Firefox) settings. Most browsers are initially set to accept cookies. Each browser is a little different, so check your browser Help menu to learn the correct way to modify your cookie settings. However, if you choose to turn cookies off, you won't be able to purchase on our site or have access to many features that make your site experience more efficient and convenient. However, you can still place orders over the telephone by calling our Customer Care Center toll-free at (800) 263 - 5445.

Pixel tags and Web beacons are tiny graphic images that allow us or preferred service providers to track non-personally identifiable analytic information about your visit to our Service (such as pages viewed or links clicked). Pixel tags and Web beacons also let us know when you have opened an HTML email from us. Using this information we are able to understand how Visitors and Members use our service. This allows us to learn what pages are most attractive to our Visitors, which parts of the Service are the most interesting and what kind of offers our Members like to see.

What is the Kindrunner Children's Privacy Policy?

We do not knowingly ask for Personal Information from anyone under the age of 13 (a "Child"). If a Child submits Personal Information to us and we know that the person providing the information is a Child, we will not use it for any purpose. We will use commercially reasonable efforts to delete the information as soon as we discover it and we will not disclose it to third parties. If you become aware that a Child has provided Personal Information to our site, please contact us or call our Customer Care Center toll-free at (800) 263 - 5445.

While Kindrunner's policy prohibits children under 13 from registering with the Service, parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address and other Personal Information without parental permission.

How do links from Kindrunner to other sites affect me?

At times, we may provide links from our Service to other websites operated by third parties. These links are provided only for your convenience and intended to add value to your visit. However, by including these links, even if affiliated with Kindrunner, we do not have control over these sites, which are independent from Kindrunner and have separate privacy policies and terms and conditions. When leaving our Service, you need to be aware that our policies no longer apply. Therefore, we will not be responsible for the accuracy, relevancy, availability, reliability, copyright compliance, legality or decency of material contained in third party sites linked to our Service. We strongly encourage you to review the terms and privacy policies of any third-party sites before using their sites.

How can I opt-out/unsubscribe from Kindrunner Email, Direct Mail, or transmissions to third party service providers?

If for any reason you would like to be taken off the email list that notifies you of upcoming events, offers and sales sent by Kindrunor to opt-out of having your Personal Information transmitted to our third party service providers, simply click the unsubscribe link provided at the bottom of every email and every page of our Service. This will direct you to an unsubscribe page where you can remove your name from either the email or direct mail sign-up. Please note that if you decide to opt-out of all third-party transmissions of your Personal Information, we may not be able to process your order.

How can I access, update or delete "My Account" information?

Accounts may be created during the ordering process. You can login to or manage your account by clicking the "My Account" link at the top of any page. After logging in, you will be able to modify your contact information, update your billing and shipping addresses, view past orders, or delete your account completely. For security purposes, credit card information is not saved with your account. Remember that you are responsible for protecting the user name and password for your account and, as set forth in the Terms and Conditions, you will be responsible for all activity occurring through the use of your user name and password.>

What if I have more questions about the Kindrunner Privacy Policy?

If you have any questions or concerns including a request to be added to or taken off a list, please contact us at Customer Care Center toll-free at (800) 263 - 5445 or email Customer Care at happycustomers@kindrunner.com.

TERMS OF USE

Shoncz, Inc. dba Kindruner.com provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). The site (“Site”) referred to is www.kindrunner.com. When you (the “User”) use any of our information, tools, services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement with this reference.

You represent and warrant that you are at least 13 years old or if not, that you are visiting the Site under the supervision of a parent or guardian who is at least 18 years old.

We respect the intellectual property rights of others and are complaint with the Digital Millennium Copyright Act. If you find any of your material on our Site which you feel has been copied in a way that constitutes copyright infringement, please contact us at mike@kindrunner.com and at Kindrunner,.com Copyright Complaint, PO BOX 150 Millburn, NJ 07041.

1. Right to Site Changes

We reserve the right to change this Site and these terms and conditions at any time. Review this page frequently for the most up to date Terms of Use, as they are subject to change. If you do not wish to be bound by these Terms of Use, please do not use this Site.

2. License to Access

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or other use on behalf of any third party, except as explicitly permitted by us in advance, in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without specific notice to you.>

3. Product Purchase

From time to time, Shoncz, Inc. may offer products for sale as part of its service. Shoncz, Inc. reserves the right to change the descriptions, specifications, and prices of the products offered on the Service without notice and at any time. Shoncz, Inc. does not warrant that such descriptions, specifications and prices of such products are accurate, complete or current at all times. Such products may be available for delivery to your country of residence if that country is not the United States. Our delivery to you of an email confirmation following your placement of an order does not constitute our acceptance of that order, and we reserve the right to reject such order or to limit the quantity of products under such order at any time.

4. Prohibited Uses

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of these communications to the Site. Shoncz, Inc. specifically prohibits any use of the Site, and requires users to agree not to use the Site, for any of the following:

1. Posting any information which is incomplete, false, inaccurate or not your own.

2. Engaging in any conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any municipal, state, national or international law or regulation that would fail to comply with accepted Internet protocol.

3. Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the express permission of the owner.

4. Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the express permission of the owner.

5. Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of others.

6. Communicating, transmitting, or transferring information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws.

7. Attempting to interfere in anyway with the Site's or Shoncz, Inc. networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.

8. Copying, reproducing, distributing, displaying, selling, renting, leasing, transmitting, creating derivative works from, translating, modifying, reverse-engineering, disassembling or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. Notice: If you use our site in any of these ways we will take aggressive legal action.

9. Communicating, transmitting, or posting material that is in violation of applicable laws or regulations not mentioned in number 1-8.

10. Making any commercial use of any of the information provided on the Site or making any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our best interests.

5. Consult a Physician

It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the product manufacturer and are not made by us.

All Content provided on this site is solely for general informational purposes.

6. User Identification and Passwords

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of the password and user identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

7. Submissions

You agree that you will not upload or transmit any remarks, suggestions, messages, ideas, photographs, graphics, information, data, text, files, links, software, or other materials ("Content") that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, (ii) are patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (iii) harass or advocate harassment of another person, (iv) exploit people in a sexual or violent manner, (v) contain nudity, violence, or offensive subject matter or contain a link to an adult website, (vi) solicit personal information from anyone under 18, (vii) provide any telephone numbers, street addresses, last names, URLs or email addresses, (viii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ix) promote any illegal or unauthorized copy of another person's copyrighted work, (x) involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming", (xi) contain restricted or password only access pages or hidden pages or images, (xii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xiii) solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users, (xiv) involve commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes, without Shoncz, Inc. prior written consent (xv) imply that Shoncz, Inc. endorses any of your statements or positions, (xvi) impose an unreasonable burden on the Site’s server, or (xvii) include a photograph or likeness of another person that you have posted without that person's consent.

By submitting Content to Shoncz, Inc. you automatically represent and warrant that you have the right to grant, and do hereby grant, to Shoncz, Inc. the worldwide, paid-up, royalty-free, perpetual, irrevocable, sub licensable, assignable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such Content (in whole or part) worldwide and/or to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Content; and (b) use the Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Content and the right to practice. Under no circumstances will Shoncz, Inc. be required to treat any Content as confidential subject to the Site’s Privacy Policy. Shoncz, Inc. will be entitled to use the Content for any purpose whatsoever (consistent with the Site’s Privacy Policy) without compensation to you or any other person. For the avoidance of doubt, Shoncz, Inc. will not be liable to you or any other person for any ideas for Shoncz, Inc. business (including, without limitation, sales/marketing slogans or ideas, logo/graphic images or ideas, product designs or ideas) derived from the Content and will not incur any liability as a result of any similarities to the Content that may appear in any future webpage designs, marketing campaigns or products or services of Shoncz, Inc.

You acknowledge that you are responsible for whatever Content you submit, and you, not Shoncz. Inc. shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.

Shoncz. Inc. shall have the right to refuse to post or transmit all or any portion of any Content. By way of example and not in limitation of anything else in this Agreement, Shoncz, Inc. shall also have the right, but not the responsibility, to refuse, remove or edit any Content in whole or in part.

8. Intellectual Property

All text, graphics, logos, button icons, images, audio clips, video clips and software (collectively known as "Content"), belongs exclusively to SHONCZ, Inc. or its affiliates. The collection of Content and its arrangement (collectively known as the "Compilation") belongs exclusively to SHONCZ, Inc. or it’s affiliates. All software used on this Site (the "Software") is the property of SHONCZ, Inc., its affiliates or its Software suppliers. The Content, Compilation and the Software are all protected by U.S. and international copyright laws. Kindrunner.com, Where it Pays to be Kind, Free Three Way Shipping, EASY 365 Returns, Confident Runner Price, Kindness Cash Rewards, Kindrunner RX Virtual Running Shop, Run, Repurpose, Repeat and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Shoncz, Inc., or its affiliates. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us in any way with out our specific prior written consent. You also may not use any of our trademarks or service marks in Meta tags without our specific prior written consent.

9. Typographical Errors

In the event a product is listed at an incorrect price and/or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

10. Privacy Policy

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at

http://www.kindrunner.com/privacypolicy.

11. Indemnification

You hereby agree to indemnify, defend and hold harmless Shoncz, Inc. and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the "Indemnities") from and against any and all liability, damages and costs (including, without limitation, attorneys' fees) incurred by the Indemnities in connection with your use of the Site’s products and services, including without limitation with respect to any claim arising out of any Content that you submit or breach or alleged breach of any of your obligations set forth herein. Shoncz, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Shoncz, Inc. You shall cooperate as fully as reasonably required in the defense of any claim.

12. Disclaimer

SHONCZ, INC., ITS SUBSIDIARIES, DIVISIONS AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "SHONCZ, INC. PARTIES") DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SHONCZ, INC. PARTIES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SHONCZ, INC PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SHONCZ, INC. PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SHONCZ, INC. PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE SHONCZ, INC. PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.

13. Limitation of Liability

THE SHONCZ, INC. PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SERVICE OR ANY CONTENT ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. THE SHONCZ, INC. PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SERVICE EVEN IF THERE IS NEGLIGENCE BY THE SHONCZ, INC. PARTIES OR IF AN AUTHORIZED REPRESENTATIVE OF THE SHONCZ. INC. PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE SHONCZ, INC. PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITE.

14. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

15. Termination

Shoncz, Inc. may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (a) all content and material obtained from the Service, and (b) all related documentation and all copies, printouts, and installations. Shoncz, Inc. may prevent your access to the Service or cancel your access immediately without notice if, in its sole judgment, you breach any provision of these Terms and Conditions or for any other reason (or no reason) whatsoever.

This Service is based in New Jersey in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access the Service or the Content from outside the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

17. Miscellaneous

This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the State of New Jersey applicable to contracts entered into and performed exclusively in New Jersey. Any court of competent jurisdiction sitting within the State of New Jersey will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Service or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction.